On Tuesday, federal Judge Judge Virginia Phillips of the District Court of Central California, at least momentarily killed a 1993 military policy known as 'Don't Ask Don't Tell' (DADT). Judge Phillips said the policy "infringes the fundamental rights"
The Obama administration came out against DADT long ago and went so far as assembling a panel to figure out how to end the policy'a process the President says should be deliberate, well-thought-out, and importantly, legislative. But critics have argued Obama's progress has been slow and that Congress is simply unwilling to move
In the memo the Justice Department said while the President, Secretary of Defense and the Chairman of the Joint Chiefs of Staff all support the end of 'don't ask don't tell,' they are seeking a halt in implementation of the policy for the following reasons:
* Implementing the ruling now would negatively effect Defense's current work to ensure the repeal of 'don't ask don't tell' runs as smooth as possible, with respect, in part to: military readiness, combat effectiveness, morale, discipline and recruitment and retention of the armed forces.
* The 'don't ask don't tell' policy has been upheld in many courts since being enacted in 1993. The most recent ruling disputes precedent and presents 'serious legal questions' that needs to be cleared up before being enacted.
* Mandating an immediate worldwide injunction on the policy now would 'cause irreparable harms' to the government by suddenly reversing a previous policy that is assumed to be constitutional.
* The injunction also harms public interests, as it 'requires an immediate and dramatic change in policy without allowing time to do so in an orderly and comprehensive way.'
* Any harm that may be suffered by LGBT servicemembers is 'outweighed by the harms that would be caused by immediate implementation of the judgment.'
